About Fayette County news. (Fayetteville, GA) 2009-current | View Entire Issue (July 12, 2023)
Wednesday, July 12, 2023 Fayette County News 3B Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline.net MR/j.d 8/1/23 Our file no. 23-11828GA - FT5 07/05,12,19,26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FAYETTE Under and by virtue of the power of sale contained with that certain Se curity Deed dated March 4, 2021, from Sean McGowan to Mortgage Electronic Registration Systems, Inc., as nominee for Village Capital and Investment, LLC, recorded on April 5, 2021 in Deed Book 5254 at Page 190 Fayette County, Georgia records, having been last sold, as signed, transferred and conveyed to Village Capital and Investment LLC by Assignment and said Se curity Deed having been given to secure a note dated March 4, 2021, in the amount of 8432,241.00 said note being modified by Loan Mod ification agreement and recorded on May 19, 2022 in OR Book 5497 OR Page 81 in the real property records of Fayette County, Geor gia, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the court house of Fayette County, Georgia, on August 1, 2023 the following described real property (hereinaf ter referred to as the “Property”): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 229 AND 252, 13TH DISTRICT, FAYETTE COUNTY, GEORGIA, BEING LOT 216, UNIT 8 OF COUNTRY LAKE SUBDIVI SION, AS PER PLAT RECORD ED IN FIAT BOOK 26, PAGES 86 AND 87, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF FAYETTE COUNTY, GEORGIA, TO WHICH PLAT REFERENCE IS MADE FOR THE PURPOSE OR INCORPORATING THE SAME HEREIN. The debt se cured by the Security Deed and ev idenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, ac crued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the per son^) in possession of the prop erty is Sean McGowan. The prop erty, being commonly known as 170 Standing Oak Place, Fay etteville, GA, 30214 in Fayette County, will be sold as the property of Sean McGowan, subject to any outstanding ad valorem taxes (in cluding taxes which are a lien and not yet due and payable), any mat ters affecting title to the property which would be disclosed by accu rate survey and inspection thereof, and all assessments, liens, encum brances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.GA Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full au thority to negotiate, amend or mod ify all terms of the above described mortgage is as follows: Village Cap ital and Investment LLC, 2550 Paseo Verde Parkway, Ste 100, Henderson, NV 89074,800-619-0823. The fore going notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to ne gotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to con firmation that the sale is not prohib ited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Village Capital and Investment LLC as Attorney in Fact for Sean McGowan 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Rohan Rupani For the Firm THIS FIRM IS ACT ING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 23- 000341 A-4788967 06/28/2023, 07/05/2023, 07/12/2023, 07/19/2023, 07/26/2023 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FAYETTE Under and by virtue of the power of sale contained with that certain Security Deed dated August 23, 2005, from Seth W. Langston and Hillary W. Langston to JPMorgan Chase Bank, N.A., recorded on September 1, 2005 in Deed Book 2846 at Page 748 Fayette County, Georgia records, having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC by Assignment and said Secu rity Deed having been given to se cure a note dated August 23, 2005, in the amount of $243,000.00 said note being modified by Loan Mod ification agreement and recorded on June 20, 2017 in OR Book 4619 OR Page 584 in the real property records of Fayette County, Geor gia, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the court house of Fayette County, Georgia, on August 1, 2023 the following described real property (hereinaf ter referred to as the “Property”): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 122 OF THE 4TH DISTRICT, FAYETTE COUNTY, GEORGIA, AND BEING TRACT 1 OF MARIE FARMS SUBDIVI SION, AS PER PLAT RECORDED IN PLAT BOOK 33, PAGE 136, FAYETTE SUPERIOR COURT RE CORDS AND IS HEREIN INCOR PORATED BY REFERENCE. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among oth er possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, ac crued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attor neys’ fees has been given as provid ed by law. To the best of the under signed’s knowledge, the person(s) in possession of the property is/ are Seth W. Langston and Hillary W. Langston. The property, being commonly known as 125 Grant Rd, Fayetteville, GA, 30215 in Fayette County, will be sold as the property of Seth W. Langston and Hillary W. Langston, subject to any outstanding ad valorem taxes (in cluding taxes which are a lien and not yet due and payable), any mat ters affecting title to the property which would be disclosed by accu rate survey and inspection thereof, and all assessments, liens, encum brances, restrictions, covenants, and matters of record to the Se curity Deed. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negoti ate, amend or modify all terms of the above described mortgage is as follows: Nationstar Mortgage LLC d/b/a Mr. Cooper, 8950 Cypress Waters Blvd, Coppell, TX 75019, 888-480-2432 . The foregoing not withstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confir mation that the sale is not prohibit ed under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Nationstar Mortgage LLC as Attorney in Fact for Seth W. Langston and Hillary W. Langston too Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Rohan Rupani For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 23- 005597 A-4789033 06/28/2023, 07/05/2023, 07/12/2023, 07/19/2023,07/26/2023 NOTICE OF FORECLOSURE SALE UNDER POWER FAYETTE COUNTY, GEORGIA Under and by virtue of the Pow er of Sale contained in a Security Deed given by Adrian D. Williams and Blanche M. Williams to Mort gage Electronic Registration Sys tems, Inc., as grantee, as nominee for Fremont Investment & Loan, dated August 21,2006, and record ed in Deed Book 3184, Page 728, Fayette County, Georgia Records, subsequently modified by a Loan Modification Agreement recorded May 1, 2014 in Book 4188, Page 661 in the amount of Five Hun dred Forty Thousand and 00/100 ($540,000.00) Fayette County, Georgia Records, as last trans ferred to HSBC Bank USA, Na tional Association, as Trustee for Fremont Home Loan Trust 2006- E, Mortgage-Backed Certificates, Series 2006-E by assignment re corded on April 25, 2012 in Book 3884 Page 559 in the Office of the Clerk of Superior Court of Fayette County, Georgia Records, convey ing the after-described property to secure a Note in the original princi pal amount of Seven Hundred Six ty-Five Thousand and 0/100 dol lars ($765,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Fayette County, Georgia, within the legal hours of sale on August 1, 2023, the follow ing described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 103, 7TH DISTRICT, FAYETTE COUNTY, GEORGIA BE ING LOT 4-16, SMOKERISE PLAN TATION SUBDIVISION, PHASE IV, AS PER PLAT RECORDED IN PLAT BOOK 20, PAGES 36-37, FAYETTE COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORAT ED HEREIN AND MADE A PART HEREOF BY REFERENCE. Parcel ID: 072903016 The debt secured by said Security Deed has been and is hereby de clared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: PHH Mortgage Corporation they can be contacted at 1-800-750-2518 for Loss Mitigation Dept, or by writing to 1661 Worthing ton Rd., Ste. 100, West Palm Beach, Florida 33409, to discuss possible al ternatives to avoid foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Se curity Deed first set out above. To the best knowledge and belief of the undersigned, the party in pos session of the property is Adrian D. Williams and Blanche M. Williams or tenant(s); and said property is more commonly known as 243 Smokerise Tree, Peachtree City, GA 30269. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final con firmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extin guished by foreclosure. HSBC Bank USA, National Asso ciation, as Trustee for Fremont Home Loan Trust 2006-E, Mort gage-Backed Certificates, Series 2006-E as Attorney in Fact for Adrian D. Williams and Blanche M. Williams. Brock & Scott, PLLC 4360 Chamblee Dunwoody Road Suite 310, Atlanta, GA 30341 404-789-2661 B&S file no.: 23-10809 07/05,12,19,26 NOTICE OF FORECLOSURE SALE UNDER POWER FAYETTE COUNTY, GEORGIA Under and by virtue of the Pow er of Sale contained in a Security Deed given by Gabriel Ndengey to Mortgage Electronic Registration Systems, Inc., as Grantee, as Nomi nee for EquiFirst Corporation, dat ed October 25,2006, and recorded in Deed Book 3129, Page 701, Fay ette County, Georgia Records, as last transferred to U.S. Bank Na tional Association, as Trustee for Residential Asset Securities Cor poration, Home Equity Mortgage Asset-Backed Pass-Through Certif icates, Series 2007-KS3 by assign ment recorded on October 9, 2012 in Book 3955 Page 90 in the Office of the Clerk of Superior Court of Fayette County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Three Hundred Eighteen Thousand Two Hundred Fifty and 0/100 dol lars ($318,250.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Fayette County, Georgia, within the legal hours of sale on August 1, 2023, the follow ing described property: All that tract or parcel of land lying and being in Land Lot 59 of the 5th District of Fayette County, Georgia and being more particularly described as follows: Beginning at the common Land Lot lines of Land Lot 70 and Land Lot 59 and the intersection of the East erly right of way of Price Road hav ing a 60 foot right of way; thence running along the Easterly right of way line of Price Road Souther ly and continuing around the cul de sac of Price Road a distance of 187.48 feet to a point, said point being the true point of beginning; thence running South 42 degrees 41 minutes and 13 seconds East a distance of 505.83 feet to a point; thence running South 69 degrees 06 minutes and 15 seconds West a distance of 45.27 feet to a point; thence running South 75 degrees 33 minutes and 26 seconds West a distance of 73.01 feet to a point; thence running South 41 degrees 14 minutes and 15 seconds West a distance of 22.47 feet to a point; thence running South 68 degrees 21 minutes and 18 seconds West a distance of 108.07 feet to a point; thence running South 73 degrees 40 minutes and 24 seconds West a distance of 39.32 feet to a point; thence running North 80 de grees 14 minutes and 34 seconds West a distance of 52.81 feet to a point; thence South 44 degrees 06 minutes and 34 seconds West a distance of 20.00 feet to a point; thence running North 55 degrees 39 minutes and 26 seconds West a distance of 24.76 feet to a point; thence running South 86 degrees 48 minutes and 01 seconds West a distance of 131.51 feet to a point; thence running South 82 degrees 09 minutes and 30 seconds West a distance of 78.05 feet to a point thence running South 80 degrees 10 minutes and 22 seconds West a distance of 92.38 feet to a point; thence running North 86 degrees 46 minutes and 47 seconds West a distance of 17.01 feet to a point; thence running South 60 degrees 42 minutes and 44 seconds West a distance of 52.38 feet to a point; thence running South 45 degrees 40 minutes and 34 seconds West a distance of 48.82 feet to a point; thence running South 46 degrees 07 minutes and 02 seconds West a distance of 63.20 feet to point; thence running South 58 degrees 02 minutes and 35 seconds West a distance of 64.38 feet to a point thence running North 00 degrees 41 minutes and 03 seconds West a distance of 369.76 feet to a point; thence running South 75 degrees 44 minutes and 43 seconds East a distance of 380.91 feet to a point; thence running North 00 degrees 41 minutes and 07 seconds West a distance of 69.98 feet to a point; thence running North 11 degrees 26 minutes 45 seconds East a dis tance of 87.97 feet to a point thence running North 23 degrees 28 min utes 48 seconds East a distance of 84.17 feet to a point; thence run ning North 15 degrees 00 minutes and 05 seconds East a distance of 122.95 feet to a point; thence run ning South 82 degrees 03 minutes 21 seconds East a distance of 17.87 feet to a point; thence running North 76 degrees 26 minutes and 29 seconds East an arc distance of 44.66 feet to a point said point be ing the true point of beginning and containing 5.00 acres more or less as shown on survey prepared by Delta Surveyors, Inc., Dated Sep tember 29,1997 for Scott Odom. The debt secured by said Security Deed has been and is hereby de clared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attor ney’s fees (notice of intent to collect attorney’s fees having been given). The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: PHH Mortgage Corporation they can be contacted at 1-800-750-2518 for Loss Mitigation Dept, or by writing to 1661 Worthington Rd., Ste. 100, West Palm Beach, Florida 33409, to discuss possible alternatives to avoid foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Se curity Deed first set out above. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Gabriel Ndeng ey or tenant(s); and said property is more commonly known as 257 Price Rd, Fayetteville, GA 30215. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final con firmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extin guished by foreclosure. U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KS3 as Attorney in Fact for Gabriel Ndengey Brock & Scott, PLLC 4360 Chamblee Dunwoody Road Suite 310, Atlanta, GA 30341 404-789-2661 B&S file no.: 20-09446 07/05,12,19,26 NOTICE OF SALE UNDER POWER FAYETTE COUNTY Pursuant to the Power of Sale con tained in a Security Deed given by Barbara H DeVega to Bank One, N.A. dated 3/19/2004 and record ed in Deed Book 2477 Page 393 Fayette County, Georgia records; as last transferred to or acquired by JPMorgan Chase Bank, National Association, conveying the afterde- scribed property to secure a Note in the original principal amount of $101,514.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fayette County, Georgia (or such other area as designated by Order of the Superior Court of said coun ty), within the legal hours of sale on August 1, 2023 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednes GRAND JURY PRESENTMENTS FAYETTE COUNTY SUPERIOR COURT MARCH TERM, 2023 We, the Grand Jury, would like to express our special appreciation to Marie G. Broder, District Attorney, Warren Sellers, Dan Hiatt, and Monique Harris, Assistant District Attorneys, and Lynsey Schmit, Legal Secretary for their efforts to assist us in expediting the large number of cases presented to us. Thank you to Superior Court Judges Honorable W. Fletcher Sams, Scott L. Ballard, Benjamin D. Coker, Rhonda Kreuziger, and Ben Miller, Jr., for their service to the Griffin Judicial Circuit. We, the Grand Jury would like to recognize the Fayette County law enforcement personnel for their outstanding professionalism and valor while protecting our citizens. We would like to express our appreciation to Clerk of Court, Sheila Studdard, and Sgt. Jodi Marshall, of the Fayette County Court Services. We, the Grand Jury, would also like to express our thanks to the law enforcement officers of Fayette County for being professional and so well prepared in case presentment to the grand jury. We, the Grand Jury, acknowledge that we have received the financial reports from various county offices in accordance with O.C.G.A. 36-1-7. We, the Grand Jury, want to express our gratitude for being allowed to serve Fayette County in this capacity. It had been our pleasure. We, the Grand Jury, hereby authorize the foreman and secretary to sign these presentments on our behalf. day of said month), the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 107, OF THE /TH DISTRICT OF FAYETTE COUNTY, GEORGIA, BEING LOT 92, OF BRIARHILL V SUBDIVISION, AS PER PLAT RE CORDED IN PLAT BOOK 14, PAG ES 22 AND 23, FAYETTE COUNTY RECORDS, ALL AS MORE PARTIC ULARLY DESCRIBED IN SURVEY PREPARED BY W. R. FRANKS, REGISTERED LAND SURVEYOR, DATED AUGUST 1, 1984 AND IN CORPORATED HEREIN BY REF ERENCE THERETO. PARCEL ID NUMBER: 07-2704-009 This sale is made subject to that Security Deed in the amount of $150,600.00, recorded on 1/31/2017 in Deed Book 4564, Page 650, aforesaid records. The debt secured by said Security Deed has been and is hereby de clared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in the Security Deed and by law, including attor ney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 145 Whitney Ct, Tyrone, GA 30290 together with all fixtures and personal property attached to and constituting a part of said prop erty, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Barba ra H DeVega or tenant or tenants. JPMorgan Chase Bank, NA is the en tity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. JPMorgan Chase Bank, NA Home owner’s Assistance Department 3415 Vision Drive Columbus, Ohio 43219 1-866-550-5705 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the prop erty, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and mat ters of record superior to the Secu rity Deed first set out above. The sale will be conducted sub ject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) fi nal confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures re garding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the sta tus of the loan as provided imme diately above. JPMorgan Chase Bank, National Association as agent and Attorney in Fact for Barbara H DeVega Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 1031-3888A THIS LAW FIRM MAY BE ACT ING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 1031-3888A 07/05.12,19,26 NOTICE OF SALE UNDER POWER GEORGIA, FAYETTE COUNTY By virtue of the power of sale contained in the Security Deed from JAMES CASEY WHORTON (“Grantor”) to PROBATE AD VANCE, LLC ("Grantee”) dated May 23, 2021, and recorded in Deed Book 5306, Page 596, Fayette County Records, the following re alty located at 250 Ashley Drive Forest, Fayetteville, Georgia 30214 will be auctioned: All that tract or parcel of land lying and being in Land Lot 20 of the 7th District of Fayette County, Geor gia, being Lot 70 of Ashley Forest Subdivision, Phase IV, as shown on that certain plat of said subdivision recorded in Plat Book 37, Page 23- 24, Fayette County, Georgia records, said plat being incorporated herein and made a part hereof by reference. Said Security Deed conveyed title to the subject realty as collateral for a debt originally in the amount of $193,800.00, together with all in terest from date of execution at the rate provided therein on the unpaid balance until paid. Pursuant to the terms of the Security Deed, the real ty will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Fayette County, Georgia, within the legal hours of sale on the first Tuesday in August, 2023. The debt secured by the Security Deed has been and is hereby de clared due because of, among other possible events of default. Grant or has failed to pay principal. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. To the best knowledge and belief of Grantee, the above-described property is in the possession of the Grantor. It will be sold subject to any outstanding restrictions, pro tective covenants, ad valorem taxes and assessments. Probate Advance, LLC Legals continued page 4B